Fenton v. Nerber et al

Filing 23

DECISION & ORDER denying without prejudice 18 Motion to Appoint Counsel. It is plaintiff responsibility to retain an attorney or press forward with this lawsuit pro se. Signed by Hon. Marian W. Payson on 12/17/2012. (KAH)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

TONJA FENTON,
DECISION & ORDER
Plaintiff,
12-CV-6380P
v.
SERGEANT NERBER, et al,
Defendants.

On November 9, 2012, pro se plaintiff Tonja Fenton (“plaintiff”) filed an
amended complaint pursuant to 42 U.S.C. § 1983 alleging, inter alia, that defendants failed to
protect her from threats to her health and safety in violation of the Eighth Amendment and that
defendants retaliated against her for filing grievances and a lawsuit in violation of the First and
Fourteenth Amendments. (Docket # 20). Currently before this Court is plaintiff’s third motion
for the appointment of counsel. (Docket # 18).
Plaintiff’s previous motions for appointment of counsel were denied on the
grounds that issue had yet to be joined, and, therefore, there was insufficient information before
the Court to make the necessary assessment of plaintiff’s claims under the standards promulgated
by Hendricks v. Couglin, 114 F.3d 390, 392 (2d Cir. 1997), and Hodge v. Police Officers, 802
F.2d 58 (2d Cir. 1986). (Docket ## 8, 13). There continues to be insufficient information before
the Court to make an assessment of plaintiff’s claims because issue has not yet been joined in
this case as defendants’ time to respond to plaintiff’s complaint has been extended to January 11,
2012. (Docket # 15).

It is therefore the Decision and Order of this Court that plaintiff’s motion for the
appointment of counsel (Docket # 18) is DENIED without prejudice at this time. It is the
plaintiff’s responsibility to retain an attorney or press forward with this lawsuit pro se. 28 U.S.C.
§ 1654.
IT IS SO ORDERED.

s/Marian W. Payson
MARIAN W. PAYSON
United States Magistrate Judge
Dated: Rochester, New York
December 17 , 2012

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